Swing v. Karges Furniture Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.-— Hon. Hugo Muench, Judge. (1) Only two petitions (not tliree) have in this case been adjudged insufficient within the meaning and intent of seo: 623, R. S. 1899. Spurlock v. Railroad, 93 Mo. 13; Wilkinson v. Goodin, 71 Mo. App. 394; Antonelli v. Basile, 93 Mo. App. 138. (2)- Sec. 623, Revised Statutes, does not authorize a judgment on the merits, even if three petitions had been adjudged insufficient.
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Appeal from St. Louis City Circuit Court.-— Hon. Hugo Muench, Judge. (1) Only two petitions (not tliree) have in this case been adjudged insufficient within the meaning and intent of seo: 623, R. S. 1899. Spurlock v. Railroad, 93 Mo. 13; Wilkinson v. Goodin, 71 Mo. App. 394; Antonelli v. Basile, 93 Mo. App. 138. (2)- Sec. 623, Revised Statutes, does not authorize a judgment on the merits, even if three petitions had been adjudged insufficient. Gordon v. Burris, 125 Mo. 39. (3) The third amended petition sufficiently alleges the jurisdiction of the Supreme Court of Ohio without pleading the…
1Opinion of the CourtNortoni, J.
The court sustained a third de<murrer to an amended petition, gave judgment for defendant, and plaintiff prosecutes an appeal therefrom.
It is averred in the petition that plaintiff is the-trustee for the creditors and. policy holders of the Union Mutual Fire Insurance Company of Cincinnati, *577and that he was appointed to that trust by an order and judgment of the Supreme Court of Ohio under the statutes of that state. Defendant was a policy holder in the insurance company of which plaintiff sues as trustee.
The suit proceeds against defendant for a contingent liability said to be affixed against…
2Cases cited8 opinions
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- Wells v. MooreSupreme Court of Missouri · 1872
- Swing v. Karges Furniture Co.Missouri Court of Appeals · 1907
- Gordon v. BurrisSupreme Court of Missouri · 1894
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3Cited by3 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Julian v. Commercial Assurance Co.Missouri Court of Appeals · 1926
- Smith v. Trimble-Compton Produce Co.Missouri Court of Appeals · 1928